Joynt v Cycle Trade Publishing Co: 1904

Kennedy J: ‘To sum it up, no doubt very imperfectly, it represents to my mind this – that the comment must be such that a fair mind would use under the circumstances, and it must not misstate facts, because a comment cannot be fair which is built upon facts which are not truly stated, and further, it must not convey imputations of an evil sort, except so far as the facts truly stated warrant the imputation’.

Judges:

Kennedy J

Citations:

[1904] 2KB 292

Citing:

CitedCampbell v Spottiswoode 1863
The plaintiff, a dissenting Protestant minister, sought to advance Christianity in China by promoting a newspaper with letters emphasising its importance. The defendant attacked him in a rival newspaper, saying his motive was not to take the gospel . .

Cited by:

CitedLowe v Associated Newspapers Ltd QBD 28-Feb-2006
The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication.
Held: To claim facts in aid of a defence of fair . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 17 May 2022; Ref: scu.240316